Gujarat High Court
Dineshbhai Bhagvandas vs State Of Gujarat on 23 May, 2019
Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi
R/SCR.A/5820/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5820 of 2019
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DINESHBHAI BHAGVANDAS
Versus
STATE OF GUJARAT
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Appearance:
MS KD PARMAR(589) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2,3
MR JK SHAH, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE UMESH A. TRIVEDI
Date : 23/05/2019
ORAL ORDER
1. Rule. Mr. J.K. Shah, the learned APP waives service of notice of rule for and on behalf of the respondents.
2. This parole leave application is filed by the applicants convicts-prisoners for the purpose of attending marriage of one Bhavin who happens to be the son of applicant No.1 as also the nephew of applicants Nos.2 and 3 herein, who have been convicted in a joint trial in one case.
3. Mr. J.K. Shah, the learned APP produces on record an order dated 09.05.2019 passed by the competent authority in respect of applicant No.1 releasing him on parole leave for 12 days for attending marriage function of his son. However, the order directing release was with police escort effective from 15.05.2019 to 26.05.2019, and therefore, the applicant No.1 has, with other co-applicants, preferred this parole leave Page 1 of 3 Downloaded on : Wed Jul 03 01:18:12 IST 2019 R/SCR.A/5820/2019 ORDER application on the very same ground. The release of applicant No.1 for 12 days to attend the marriage function of his son with police escort is unreasonable. No father would like to go under a police escort to attend the marriage function of his son for 12 days. As submitted by the learned APP, every parole leave application decided by the competent authority after having thorough verification about the cause on which parole leave is sought for and therefore, it pre-supposes that it has been found to be genuine.
4. In respect of the rest of the two applicants whose nephew is going to be married at the very same function, though their applications for parole leave, filed and reached the competent authority even prior to the application of the applicant No.1, it has not been determined by the competent authority on a spacious ground of non-receipt of the police opinion.
5. This Court has come across several orders of this very competent authority mentioning in its order that in view of certain circular of IG Office, if police opinion is not received within 15 days, it shall be presumed to be in negative, and on that ground he has rejected several applications. Surprisingly, in case of applicants Nos.2 and 3, the competent authority has sent a reminder. Since factum of the marriage, found to be true and for which the very competent authority has granted 12 days parole leave to the applicant No.1, this application for parole leave by all the three applicants is also granted for 12 days from 24.05.2019 without police escort. Therefore, the order passed by the competent authority, in respect of the applicant No.1 ordering police escort, is modified to the Page 2 of 3 Downloaded on : Wed Jul 03 01:18:12 IST 2019 R/SCR.A/5820/2019 ORDER aforesaid extent with the dates also. Whereas, for rest of the applicants, they are ordered to be released on parole leave for 12 days from 24.05.2019 on their executing personal bond of Rs.500/- (Rupees Five Hundred Only) EACH with a surety of the like amount on usual terms and conditions as may be imposed by the Jail Authority. Terms and conditions ordered by the competent authority in respect of the applicant No.1, except modified as above, is hereby confirmed and it shall be treated as a part of the condition imposed upon the applicant No.1.
6. On completion of their parole leave, the applicants shall surrender to the Jail authority, without fail.
7. The application is disposed of. Rule is made absolute to the aforesaid extent.
8. The Registry is directed to sent this order through fax to the concerned Jail Authority immediately.
(UMESH A. TRIVEDI, J) Dolly Page 3 of 3 Downloaded on : Wed Jul 03 01:18:12 IST 2019